HAVELLS INDIA LTD Vs. DILIP RATHI

JUDGEMENT

(1.) This appeal impugns a judgment and decree dated 03.09.2016 passed by the Additional District Judge-16 (Central), Tis Hazari Court, Delhi, dismissing the appellant's suit, inter alia, on the grounds that the suit was not properly instituted and that no case was made out apropos the facts pleaded. The question of law raised by the appellant is whether the suit was properly instituted i.e. whether it was signed by a person duly authorised to do so. The suit had been signed by one Mr. S.R. Arora, a functionary of the appellant company. Its resolution allegedly authorising him was recorded in the Minutes' Book of the company. This book, although in possession of the appellant, was never produced and no explanation for the default was furnished. A mere extract of the resolution, authenticated by the Company Secretary, was filed; however, for the document to be admissible the primary evidence i.e. the Minutes' Book should have been produced. Furthermore, the evidence to prove the ledger account was not supported by an affidavit as required under Section 65(b)(ii) of the Indian Evidence Act, 1972. The applications for bringing on record the requisite affidavit and necessary documents were dismissed on 05.09.2016 and 27.07.2016 respectively. The impugned order held as under:

(2.) Apropos the case on merits, which was to be heard as issue no. 5, the Court held as under:-

(3.) The application for bringing on record the evidence under Section 65B of the Evidence Act was dismissed on 05.09.2014 for the following reasons:-